BASSETERRE St. Kitts – AN application filed by Prime Minister Dr. Denzil Douglas and Minister Cedric Liburd to vacate court dates in defamation proceedings brought by People’s Action Movement (PAM) Deputy Chairman Eugene Hamilton was struck down yesterday (Nov. 19).
The proceedings stemmed from a 1993 incident in which Hamilton alleges that Dr. Douglas and Liburd, while at public meetings, made comments about him which he believes to be of a defamatory nature.
According to information received by this media house, the 17th, 18th and 19th days of this month were designated as the trial dates for this matter, however the application to vacate the trial date was filed by the defendants four days before the trial was to have commenced.
In his judgment on whether or not he would change the trial date, His Lordship Justice Francis Belle explained that the defendants’ application hinged on three points; the first being they wrote to the claimant requesting disclosure of a number of documents which was not responded to.
The second ground cited in their application is that they gave certain instructions to their senior counsel in the matter, but he had not been able to receive adequate and proper instructions. The final ground was that they had applied for a jury trial and specific steps to have been taken by the High Court Registrar to inform of the associated costs were not taken.
The claimant, in opposition to this application, argued that, relative to the disclosure of documents, the defendants have not admitted to the utterances but indicated that whatever was uttered was “fair comment” in the public’s interest. The claimant’s further argument is that the defendants could not admit to uttering the comments and still declare they were made as “fair comment”.
Justice Belle dismissed the defendants’ application on the first two grounds and ordered that, relative to the third, correspondence be forwarded by the Registrar to both sides on the cost associated with empanelling a jury to try the case.
He also ordered that both sides forward to the court, submission on whether or not they believe the alleged 1993 utterances could carry a defamatory meaning. These are to be handed in within 14 days, and seven days after he would hear supporting oral submissions in Chambers.
Should his Lordship rule that the utterances carry defamatory characteristics, the case will go before a jury which would determine whether the alleged statements had any slanderous effect on Hamilton.
His Lordship however explained to the parties that should there be a case for a jury to hear, the trial would not take place before April 2010.
Prime Minister Douglas and Minister Liburd are being represented by Sylvester Anthony, Patricia Dublin-Lewis and Miselle O’Brien-Norton, while Messrs. Vincent and Terence Byron are representing Hamilton.
SKNVibes spoke with Vincent Byron following the judge’s ruling yesterday and he explained that his team and his client are confident of victory.
“We have been very confident from the beginning. There is no doubt that there have been valid grounds for the case and that Mr. Hamilton has been defamed.”
Contact was also made with Anthony for a comment on the court proceedings, who simply noted that their application was for the trial date to be varied and “we are happy that the trial date was vacated”.
